Bhai Balbir Singh & Ors vs Bhai Upinder Singh & Ors
2016 Latest Caselaw 2479 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                       Order delivered on: 30th March, 2016

+                   E.A.(O.S) No.219/2016 & Ex.P. 109/2007

       BHAI BALBIR SINGH & ORS                ..... Decree Holders
                     Through  Mr.Nikhil     Rohatgi,     Adv.     with
                              Mr.Mohit Khubchandani & Mr.Ishan
                              Sanghi, Advs.

                          versus

       BHAI UPINDER SINGH & ORS              ..... Judgment Debtors
                     Through  Mr.Jasmeet Singh, Adv. with Ms.Astha
                              Sharma, Adv. for JD-5A(i).Mr.Piyush
                              Kaushik, Adv. for JD-5A(ii) &
                              6.Mr.Sanjeev Mahajan, Adv. for JD-
                              5A(iii) & (iv).

       CORAM:
       HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (ORAL)

1. The present petition has been fixed for hearing on 29 th April, 2016. The application is filed for early hearing. There is no opposition and hence, the same is allowed. The main matter is taken up with the consent of the parties.

2. Admitted facts of the case are that:-

a) The decree, of which the present petition seeks execution, is the arbitral Award dated 3rd May, 2005. The Award contained directions, inter alia, as to 100% of the shares of the judgment debtor No.11 Company being handed over to the decree holders.

b) Objections filed against the Award were dismissed by order dated 3rd January, 2007 of this Court in OMP 270/2005. No objections were ever filed by the judgment debtor No. 5(a) ii & 6 against arbitral award dated 3rd May, 2005.

c) FAO (OS) 83 of 2007 filed against order dated 3rd January, 2007 was disposed of vide order dated 9th July, 2013 of this Court. The directions in the Award regarding 100% of the shares of the judgment debtor No.11 Company being handed over to the decree holders, has never been altered.

3. It is submitted on behalf of decree holders that the entitlement of the decree holders to 100% of the shares of the judgment debtor No.11 has been recognized time and again by this Court and has also not been disputed by any of the judgment debtors. The only disputes that remain are amongst the judgment debtors inter-se as to the extent of their shares or the ratio in which they are to receive the decretal amount already deposited by the decree holder in this Court in lieu of the shares held by the judgment debtors in the Company. There is admittedly no dispute that all the shares held by the judgments debtors in the Company are to be transferred to the decree holders.

4. By order dated 8th March, 2011 passed by the Division Bench of this Court in FAO(OS) No.83 of 2007 (now disposed of), it was stated that "....We make it clear that all the settlements recorded till date, including that before the Delhi High Court Mediation and Conciliation Centre on 06.08.2010, shall stand...." The agreement dated 6th August, 2010 was the inter-se agreement amongst the legal heirs of Late Bhai Tirlochan Singh, i.e. the judgment debtors No. 5A(i), (ii), (ii) and (iv) and judgment debtor No.6.

5. By order dated 9th July, 2013, the Division Bench of this Court disposed of the above said appeal, allowing Bhai Sarabjit Singh, i.e. judgment debtor No. 5A(ii) and 6 to transfer his individual share holding to the decree holders against proportionate withdrawal of money deposited with the court and directing the parties to agitate their inter se disputes before the single Judge. It was also categorically held that the inter-se agreement dated 6th August, 2010 is binding on the signatories being the legal heirs of Late Bhai Trilochan Singh.

6. By order dated 25th March, 2014 passed by this Court in the present petition, it was recorded as under:

a) The only disputes pending between the judgment debtors are in CS (OS) 1698/2007 and in CS (OS) 735/2014. Both these suits are now disposed off, no appeal filed. Since 25th March, 2010, even if certain orders have been passed in appeal from the said suit, the fact remains that the said suits only concern the inter-se disputes of the judgment debtors.

b) The decree holder is admittedly entitled to 100% of the shareholding.

c) In case parties are unable to arrive at a consensus for working out modalities for transfer of shares and money, a Court Commissioner would be appointed.

7. As per decree holder the present petition was being dragged by the judgment debtor No.5A (ii) and 6.

8. When the matter is discussed in the Court, learned counsel for the judgment debtor No.5A (ii) and 6 are agreeable to transfer deeds in favour of

the decree holders. Learned counsel appearing on behalf of judgment-debtors No.5A (ii) & 6 has no objection, if the prayer made in this application is allowed. Ordered accordingly. As far as the main prayer is concerned, counsel submits that the Transfer Deed, which is submitted by his clients in the Registry, is to be handed over to the decree-holders. Similarly, the learned counsel for the decree-holders has no objection in case the shares are transferred in the name of all the legal heirs of judgment-debtor No.5, Bhai Tirlochan Singh and the same be handed over to the decree-holders. The shares of other judgment-debtors, which are lying in the Registry, be also handed over to the decree-holders. For this exercise, list this matter before the Joint Registrar on 8th April, 2016 at 3.00 p.m. Parties or their counsel to appear there and exchange the shares respectively.

9. List before Court on 29th April, 2016 the date already fixed.

(MANMOHAN SINGH) JUDGE MARCH 30, 2016